Terms of Use

Last updated: July 2, 2018

This website (the “Website”) is operated by Tailored Solutions and Consulting, Inc. (“TSC”, “we”, “us” or “our”). It is intended for your information, education and communication. Please feel free to browse this Website; however, your access and use of the Website is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing the Website, you accept, without limitation or qualification, these Terms of Use.

TSC may make changes to these Terms of Use, our Privacy Policy and our Cookies Notice from time to time. If we make material changes, we will change the “Last Updated” date above. Changes and/or modifications shall become effective immediately upon posting. Please review these Terms of Use periodically. Your use of the Website will be governed by the Terms of Use in place on the date you access the Website, and your use of the Website will constitute acceptance of those Terms of Use.

Please note that these Terms of Use only apply to the use of the Website. A separate set of Terms of Service apply to the use of the Secure Halo portal. This separate set of Secure Halo Terms of Service is provided to all customers and is available to customers upon request.

If you do not agree with all of the following Terms of Use, please do not use this Website.

1. Use of Our Website and of Materials Contained on this Website
The Website contains material that is derived in whole or in part from material supplied by TSC and other sources and is protected by U.S. and international copyright and trademark laws. You may only view, use and download material on this Website for your non-commercial, personal use, subject to these Terms of Use. This limited, non-exclusive, revocable right is provided to you for personal purposes only; if you desire to use any material or content from this Website for any commercial or other purposes, you must obtain our prior written permission. You may not frame this site nor link to a page other than the home page without our express permission in writing. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from our Website or through use of our services. The information contained in this Website is intended for general information purposes only. We have made reasonable efforts to ensure that the information on this Website is accurate at the time of posting; however, there may be inaccuracies and occasional errors. We make no representations or warranties about the information provided on or through this Website, including but not limited to information obtained through links to any third-party websites, and we do not assume any responsibility for updating information provided on or through this Website. We accept no liability for any inaccuracies or omissions in this Website and any decisions based on information contained on this Website are the sole responsibility of the user.

Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.

Use any material or information, including images or photographs, which are made available through the services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.

Restrict or inhibit any other user from using and enjoying our Website and services.

Harvest or otherwise collect information about others, including but not limited to e-mail addresses.

Violate any applicable laws or regulations.

Create a false identity for the purpose of misleading others.

Use, download or otherwise copy, or provide (whether or not for a fee) to a person or user or usage information or any portion thereof.

Sell, resell, license, sublicense, transfer or otherwise make available to any other person or entity the content on the Website or any portion thereof.

Copy, distribute, display, disseminate, or otherwise reproduce Website content or any information or content about, related to, or derived from the Website content (including but not limited to the Website content, design, text, graphics and interfaces) without receiving TSC’s prior written permission.

Engage in any form of scraping, data extraction or data mining with respect to Website content (including but not limited to the content, design, text, graphics and interfaces), or encourage others to do so.

Use TSC’s trade dress, or copy the look and feel of the Website or its design.

Use the Website content to establish, advance, or otherwise add to a business, service, or other venture (whether for profit or not for profit) that competes in any way with the business of, or services or content offered by, TSC.

Use the Website content to infringe the intellectual property rights of others in any way.

Co-brand or frame the Website content.

Make any illegal or unauthorized use of Website content or any portion thereof.

2. Compliance with Law
You shall not use this Website for any illegal purposes. You agree not to send any unsolicited promotional or advertising material, spam or similar materials or any volume messages and/or interfere with the operation of this Website or with the enjoyment of this Website by other users.

3. Links to Third Party Sites
The presence of links to third party sites does not constitute or imply endorsement by TSC of the opinions or views expressed by these linked websites, and TSC does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, TSC is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by or through such third-party sites. To the extent that third party sites collect personally identifiable information from you, please be advised that in no event shall TSC assume or have any responsibility or liability for the manner in which such information is collected or for any claims, damages, or losses, whether in contract, tort (including negligence) or otherwise, arising out of or in connection with your access to and/or use of those sites. In no event will TSC be liable to you for any direct, indirect, incidental, consequential, or special loss or other damage arising out of or in connection with your use of such third-party site(s).

4. Termination of the Website and/or Access Thereto
TSC reserves the right, at any time and without notice, to modify, alter, suspend or terminate all or any part of this Website and to restrict or prohibit access to it. TSC shall not be liable to any party for such modification, alteration, suspension, restriction or termination.

If you object to any of the Terms of Use contained herein, you should discontinue use of the Website.

Sections 1 through 3 and 5 through 10 will survive any termination of your access to the Website, whether we terminate your access or you voluntarily discontinue your use.

5. Indemnification
You agree to indemnify, defend and hold harmless, TSC, its officers, directors, managers, members, owners, employees, agents, licensors, representatives, affiliates, successors, assigns, and third party providers to the Website from and against all losses, expenses, damages, costs, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, or fines of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Website or violation of these Terms of Use by you. Furthermore, you agree that we assume no responsibility for the content you submit or make available through the Website except as set forth in our Privacy Policy.

6. Disclaimer
Your use and browsing of the Website is at your own risk. If you are dissatisfied with any of the Materials contained in the Website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Website.

This is our disclaimer of legal liability for the quality, safety, or reliability of our Website.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TSC (AND THOSE THAT TSC WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DOES NOT GUARANTEE THAT THE WEBSITE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE WEBSITE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

7. Limitation of Liability
TSC SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE ANY CONTENT, INFORMATION OR MATERIALS FROM THIS WEBSITE. IN NO EVENT SHALL TSC (AND THOSE THAT TSC WORKS WITH TO PROVIDE THE WEBSITE) BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT, INFORMATION OR MATERIALS AVAILABLE FROM THIS WEBSITE, EVEN IF TSC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND YOU WILL NOT MAKE A CLAIM AGAINST TSC FOR LOST DATA, RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM OR IN CONNECTION WITH THE USE OF THE WEBSITE. YOU AGREE TO HOLD TSC (AND THOSE THAT TSC WORKS WITH TO PROVIDE THE WEBSITE), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SUCCESSORS IN INTEREST, EMPLOYEES AND AGENTS HARMLESS FROM, AND YOU COVENANT NOT TO SUE TSC FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEBSITE AND/OR ANY CONTENT, INFORMATION AND/OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE.

IN NO EVENT SHALL THE LIABILITY OF TSC (AND THOSE THAT TSC WORKS WITH TO PROVIDE THE WEBSITE) EXCEED USD $1,000.00 IN THE AGGREGATE FOR ALL CLAIMS.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TSC AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF TSC HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

8. Privacy and Protection of Personal Information; Cookies
The collection and use of your personal information is subject to the terms and conditions set forth in our Privacy Policy available at https://tscadvantage.com/privacy-policy/.

9. Governing Law
You and TSC agree that the laws of the State of Delaware, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to these Terms of Use and/or the Website. You and TSC both agree that all claims and disputes can be litigated only in the federal or state courts in the State of Delaware, USA, and you and TSC each agree to personal jurisdiction in those courts.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of our Website or these Terms of Use must be filed within one (1) year after such claim or cause of action accrues or be forever barred.

10. General
This Website is intended exclusively for use by persons ages 18 and above. If you are under 18 years of age, you may not use the Website.

These Terms of Use constitute the entire agreement between you and us in regard to your access and use of the Website and supersede all prior agreements with respect to the subject matter hereof.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms of Use are found to be illegal or unenforceable, these Terms of Use will be deemed curtailed to the extent necessary to make them legal and enforceable and will remain, as modified, in full force and effect.

If a court with authority over these Terms of Use finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of these Terms of Use.

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